Terms and conditions of use of Spotmarket.dk
Spotmarket.dk, CVR: 36 08 22 83, Oddervej 202, 8270 Højbjerg, Tel: +45 70 284 284, e-mail: info@spotmarket.dk
1. Spotmarket.dk
Spotmarket is an internet-based service that enables serious and professional suppliers and Coop-shops to meet and make a good deal. The main purpose of the portal is to convey the sale of overstocks and similar items from seller to buyer in a quick, easy and efficient way, for the benefit of both parties. It is exclusively B2B sales, and therefore NOT sale to private. It is only possible to view and purchase parties and enjoy the prices with an approved and valid Spotmarket login. The deal itself is legally between the Coop-shop and the supplier. The supplier is responsible for giving the right information in connection with his creation of his ad. This concerns the prices, available quantities, expiry dates, delivery terms and other concerns related to the goods nature etc.
2. Coop-shop
When creating a profile on spotmarket.dk, the Coop-shop declare to have procuration on behalf of the company he/she at any time is employed in. Thus, also to make purchases and complete transactions on spotmarket.dk. The Coop-shop must agree that a purchase at Spotmarket is an order that is immediately shipped to the supplier, so delivery can begin. Therefore, the purchase cannot be canceled at Spotmarket. If the goods have not arrived at the Coop-shop at the agreed time, or no later than 48 hours after the Coop-shop has moved the supplier in writing, the Coop-shop has the right to cancel the deal. The written inquiry must be sent with a copy to info@spotmarket.dk.
The moment a transaction is completed, Spotmarket sends an electronic order summary to the Coop-shop, as well as an order, delivery and billing basis to the supplier. The Coop-shop enters the deal under the conditions mentioned in the advertisement.
3. Supplier
When creating a profile on spotmarket.dk, the supplier declares to have a procuration on behalf of the company he/she is employed in and indicates in the application. Thus, also to create ads and complete transactions on spotmarket.dk. The supplier has a duty to disclose it if the product has some defects or negative aspects that the Coop-shop should know before the Coop-shop completes a purchase. The moment a transaction is completed, Spotmarket sends an electronic order summary to the Coop-shop, as well as an order, delivery and billing basis to the supplier. The deal is made under the conditions mentioned in the advertisement. The supplier is not entitled to raise the sale price during the ad period.
In order to make transactions on spotmarket.dk, the supplier needs to have a valid Coop trade agreement. If a valid trade agreement does not exist, Spotmarket will gladly assist with a contact to one of Coops purchasers. It is the supplier’s responsibility that advertised parties comply with Danish law and, in addition, comply with Coop’s guidelines and quality requirements.
The supplier is obliged to deliver the order in accordance to the conditions he/she has mentioned in the advertisement. The goods must be delivered for free and the supplier is responsible for delivering the goods in a timely manner, in the right amount and at the right place to the Coop-shop. In addition, the supplier is responsible for keeping the Coop-shop informed of any irregularities during the process. The goods are only considered delivered when the goods have arrived at the Coop-shop’s address and when the shop has signed a delivery note and thereby acknowledged the received goods. If the goods have not arrived at the Coop-shop at the agreed time, or no later than 48 hours after the Coop-shop has moved the supplier in writing, the Coop-shop has the right to cancel the deal. The written inquiry must be sent with a copy to info@spotmarket.dk.
If the supplier repeatedly removes advertisements prior to time, Spotmarket may charge a sales fee of 3.95% for the lots. If the supplier has a well-founded reason for not wanting to deliver a lot to a Coop-shop, the transaction can be canceled. The reason must be sent to info@spotmarket.dk.
The advertisements are created for free on spotmarket.dk and are active for 6 weeks or until the lots are sold. Once the 6 weeks have passed, the ads can be reactivated – preferably with a new sale price. Once the lots are sold, the supplier is charged a sales fee of 3.95% of the sales value. This fee will be settled at Spotmarket at the end of the month with a payment deadline of 14 days.
4. Invoicing
The moment a transaction is completed, Spotmarket sends an electronic order summary to the Coop-shop, as well as an order, delivery and billing basis to the supplier. The supplier is responsible for sending a direct invoice to the Coop-shop with reference to the shop’s cardex number. It is the Coop-shop’s responsibility to provide timely and comprehensive payment according to the invoice sent. Terms of payment follow the suppliers trade agreement with Coop.
Spotmarket is entitled to charge the supplier the agreed sales fee of 3.95% of the sales value as soon as the transaction is completed. This fee will be settled at Spotmarket at the end of the month with a payment deadline of 14 days. Spotmarket cannot be held liable for non-payment and will in such cases still be entitled to the agreed sales fee. Therefore, the supplier is responsible for setting up the Coop-shop in his system so that billing can be completed. Thus, Coop is responsible for setting up the supplier in their system and making a quick and smooth creation of the supplier’s goods, as well as any internal orders in their system – allowing the goods to be received correctly when arriving at the Coop-shop’s warehouse.
5. Prices and other Conditions
All prices announced in advertisements on Spotmarket.dk must be stated as net prices excl. VAT (and excl. deposit on refillable packaging), but incl. all Danish taxes. The lots are freely delivered to the Coop-shop’s address in Denmark. Therefore, the transportation may be included in the price.
All transactions between the Coop-shop and the supplier follows the conditions stated by the supplier in his advertisement. Terms of payment follow the suppliers trade agreement with Coop.
Reservations are made for errors that can occur when making an order: if prices, quantities or other factors on the order summary and the billing basis do not match the expected at the time of purchase. If this happens, both the supplier and the Coop-shop is kindly asked to contact Spotmarket’s customer service as soon as possible, who will fix the problem and send out the right billing basis.
6. Terminations and Changes
Spotmarket always reserves the right to exclude users and remove ads from users who do not comply with the applicable rules of the portal. Spotmarket has the right to remove ads that violate Danish law or which are unethical. If this happens, Spotmarket has a duty to inform the supplier. If a Coop-shop or supplier becomes aware of ads that do not comply with applicable law or are unethical in their appearance, they should immediately contact Spotmarket. In addition, the supplier has an expanded obligation to get the advertisement corrected, and thus done lawfully and ethically correctly.
Spotmarket reserves the right to change these terms and conditions with 14 days’ notice. Users of Spotmarket will be informed with this notice before the changes take effect. All information about changes, etc., will be assigned to the user at the email address specified by the user in connection with his profile creation. It is the user’s own responsibility to keep their own profile updated in relation to all information. Thus, Spotmarket always has the correct contact information and legal information.
7. Limitation of Liability and Disputes
Spotmarket cannot be held legally responsible for mistakes in ads, missing deliveries, breach or consequential costs for transactions made on spotmarket.dk. Neither directly nor indirectly. In case of complaints, the Coop-shop must contact the supplier directly or alternatively the Spotmarket customer service. Upon such inquiries, Spotmarket will immediately try to resolve the matter on behalf of the Coop-shop. However, we highlight that trades are made exclusively between the Coop-shop and the supplier. Spotmarket’s only contracting party to the agreement is the supplier (in relation to the agreement of mediation of sales for the agreed sales fee).
Spotmarket is in no case liable for indirect losses, e.g. loss of profit, loss of goodwill or similar. Spotmarket’s total liability for each order is limited to the received sales fee. The limitation of liability does not apply in case of gross negligence or continuity of Spotmarket. Claims against Spotmarket must be raised within 30 days of the conclusion of the trade underlying the claim. However, the period will be extended to 3 months if the entitled person is in excuse ignorance of his claim. Thereafter, Spotmarket cannot be claimed.
About law and venue: Any judicial disputes shall be settled under Danish law with the Aarhus City Court/Vestre Landsret as the venue.
Terms and conditions of use of Spotmarket was last updated on 01-04-2020
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